On The Agreement On Air Transport Between Czechoslovakia And Italy

Original Language Title: o Dohodě o letecké dopravě mezi ČSSR a Itálií

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=34202&nr=64~2F1979~20Sb.&ft=txt

64/1979 Sb.



DECREE



Minister of Foreign Affairs



of 21 June 1999. February 1979



air transport agreement between the Government of the Czechoslovak Socialist

the Republic and the Government of the Italian Republic



On 2 February 2005. October 1975 in Prague, signed the agreement on air transport between the

the Government of the Czechoslovak Socialist Republic and the Government of the Italian

of the Republic. Agreement entered on the basis of article 18, in force on the date

on July 11, 1978.



English translation of the text of the agreement shall be published at the same time.



First Deputy:



Ing. Book v.r.



The AGREEMENT



relating to air transport between the Government of the Czechoslovak Socialist Republic and the

the Government of the Italian Republic



The Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic,



Desiring to conclude an agreement for the development of air transport

relations between the Czechoslovak Socialist Republic and the Italian

Republic of,



have agreed as follows:



Article 1



For the implementation of this agreement, unless the text indicates otherwise:



and) the term "Convention" means the Convention on international civil aviation

opened for signature at Chicago on December 7. December 1944, and includes all

Annex adopted under article 90 of that Convention and any amendment of the annexes, or

Convention in accordance with its articles 90 and 94;



(b)) the term "aeronautical authority" means, in respect of the Czechoslovak

Socialist Republic, the Federal Ministry of transport, in terms of

The Italian Republic, the Ministry of transport, Directorate-General

civil aviation in both cases or any other person or

the authority responsible for carrying out the tasks currently performed by the listed

authorities;



(c)), the expression "specified by air" means the air that one

Contracting Party designated by written notice to the other party in accordance

with article 3 of this agreement, such as the aerospace undertaking operating the agreed

air services on the routes specified in accordance with paragraph 1 of article 2

of this agreement;



(d)) the terms "territory", "air service", "international air service", and

"land for non-traffic purposes" have the meaning given in article 2 and 96

Of the Convention;



(e)), the term "Annex" means an annex to this agreement or its accessories

carried out in accordance with the provisions of paragraph 2 of article 15 of this agreement.

The annex shall form an integral part of the agreement and any appeal to this agreement in

include an appeal to the annex, unless otherwise specified.



Article 2



(1) each contracting party grants to the other Contracting Party the rights set out

in this agreement, to allow it to establish the company's designated air

international air services on the routes specified in the annex to this

the agreement. The services and the tracks are also called "the agreed services" and

"fixed line".



(2) the designated air each Contracting Party will enjoy the following rights:



and) fly without landing across the territory of the other Contracting Party;



(b)) to land in that territory for non-traffic purposes;



(c)) during operation of the agreed services shall be construed and dispose on the territory of the other

Contracting Party, passengers, cargo and mail, under the conditions laid down in

This agreement and its annex.



(3) Nothing in this Agreement shall not entitle the designated air

one party to dispose for consideration within the territory of the other Contracting Party

passengers, freight and mail to the determination for the other place in the territories of the other

Contracting Parties ("cabotage").



Article 3



(1) each Contracting Party shall have the right to determine, by written notice to the other

Contracting Party one air to operate the agreed services on the

laid down tracks.



(2) on receipt of a written notice to the other party without delay

shall be granted, subject to the provisions of paragraphs 3 and 4 of this article, the designated

aviation company operating privileges.



(3) the aeronautical authority of one Contracting Party may request from the air

the company designated by the other Contracting Party, to prove its capability

comply with the conditions established in the laws, regulations and administrative measures,

that the Office usually and reasonably used in accordance with the provisions of

Convention during the operation of international commercial air services.



(4) each Contracting Party shall have the right to refuse to grant the operating

the permission referred to in paragraph 2 of this article, or save it to a designated

the air company in the use of the rights laid down in article 2, such

terms and conditions that it considers necessary, in the case when it is not confident of the

the fact that a substantial part of the ownership and effective control of the air

the company belongs to the party that determines the air company or its

nationals.



(5) once it has been determined by the air company as follows and shall be entitled to may be at any time

started operation of the agreed services in compliance with the provisions of article 9 of the

provided, that for such services will be in force tariffs set

in accordance with the provisions of article 11 of this agreement.



Article 4



(1) each Contracting Party shall have the right to revoke the operating authorisation or

stop the execution of the rights laid down in article 2 of this agreement for the air

the company designated by the other Contracting Party, or save for use of

These rights to such conditions as it deems necessary,



and when), the air will not be governed by the laws, regulations and

administrative measures of the party providing such rights;



(b)) in the case where it is not satisfied that substantial ownership and

effective control of the aviation company belongs to the party indicating the

air, or nationals of that Contracting Party;



(c)) in case the air otherwise fails to comply with the operation of the agreed

services in accordance with the conditions laid down in this agreement.



(2) if the immediate revocation of operating permissions, stop the exercise of rights

or save the conditions of the reasons referred to in paragraph 1 of this article

It will not be necessary to prevent further infringements of laws, regulations and

administrative measures, this right will be exercised only after consultation with the other

a Contracting Party.



Article 5



(1) the laws, regulations and administrative provisions of each party,

regarding entry, stay and exit of aircraft engaged in international

flights from their territory or operation of flying and the output from these aircraft in

While they are on their territories, will apply to aircraft

Aviation firm designated by the other Contracting Party.



(2) the laws, rules and regulations in the administrative procedure, each of the Contracting

party with respect to the entry of passengers, air crew members, goods and

mail on their territory, stay on it and exit from it, such as

regulations relating to the entry, exit immigration, travel documents, clu

and quarantine shall be complied with in their respective territories in the transportation

of the passengers, members of the air crew, cargo and mail plane aviation

the company designated by the other Contracting Party.



(3) taxes and charges for the use of airports, facilities and technical equipment

in the territory of one Contracting Party shall be selected according to the rates and tariffs

laid down by the laws, regulations and administrative measures that Contracting

party.



Article 6



(1) the aircraft used by the designated airline of one Contracting Party by an undertaking

for international air services set out in this agreement, as well as

fuel and lubricating oils, supplies of aircraft, spare parts and normal

equipment stored on board such aircraft, will be exempt from all

Customs levies, inspection and other fiscal charges on arrival at

the territory of the other Contracting Party.



(2) with the exception of charges corresponding to the services will also be carried out by

the above duties and fiscal charges are exempted:



a) fuel, lubricating oils, supplies of aircraft, spare parts and normal

aircraft equipment imported and stored on the territory of a party

designated by the air company of the other party for the exclusive use of the

the plane of the airline business;



b) fuel, lubricating oils, supplies of aircraft, spare parts and normal

aircraft equipment loaded in the territory of the other Contracting Party within the limits

and conditions laid down in its offices for exclusive use on board

aircraft of the air company designated by one Contracting Party.



(3) Items, which are subject to an exemption under the previous

paragraphs, will be used only for the operation of air services, and in the case

that are not used, must be exported if it is not in accordance with the provisions

applicable to the territory of that contracting party allowed to convert them to

another air company or their importation.



(4) the exemption provided for in this article also applies to the part of the above

appointed by the items that is used during flights over the territory of the Contracting

the party providing the exemption, may be conditional on the fulfilment of the formalities

the usual in the relevant territory, including customs checks.



Article 7



(1) the transfers of balances of income, retained earnings designated undertaking of one air

Contracting Party in the territory of the other Contracting Party, shall be made

According to the rules contained in the payment agreement between the Contracting

parties.



(2) if such an agreement will not be able to be used, the conversion will be performed

in freely convertible currency.



(3) the relevant amount will be freely transferred without any fees,

taxes and restrictions.



Article 8



(1) the designated airline companies will have fair and equal opportunities to operate

agreed services between the territories of the Contracting Parties.



(2) the operation of the agreed services specified by air to each of the


the Contracting Parties shall take into account the interests of the designated air company second

the Contracting Parties to an unreasonably did not affect its air services

carried out on the same track or part thereof.



(3) the operation of the agreed services on specified routes will, in close

According to the requirements of the public. The basic goal of any agreed

the service will be secure when the reasonable utilization of capacity

the regular and reasonably considered requirements in both directions of transport

passengers, cargo and mail for the territory of the Contracting Party which has designated

the aerospace company said the service.



(4) the rights granted to each designated an air transport enterprise

passengers, cargo and mail between the territory of the other Contracting Party and territories

third countries will be pursued under the general principle that, in the development of

international air services will be considered in the capacity offered

background:



and) with transport requirements pointing to the territory of the Contracting Party which

the air company has identified, and based on this territory;



(b)) with the transport requirements in the area that the air drops,

taking into account air services operated in this area

aviation enterprises of other countries;



(c)) with direct air operations requirements.



Article 9



(1) the agreed services may be operated only in the case of the negotiation and the validity of

agreements between designated airlines of both parties about the number of firms of frequencies and

the corresponding economic and technical conditions; such an agreement

will be submitted for approval to the aviation authorities of the Contracting Parties.



(2) the timetables agreed services shall be submitted for approval to the

not later than 60 (sixty) days before their entry into force the air

the authorities of both Contracting Parties. The same procedure is valid for other

changes to flight schedules. If aviation authorities agree, may be referred to

period in specific cases.



Article 10



The aviation authorities of each party will submit to the aviation authority

of the other party, upon request, statistical data on capacity utilisation

services based on the territory or in the territory of the other party-facing

the parties, determined by the air company offered the first Contracting Party to the

the routes set out in the annex to this agreement.



Article 11



(1) the term "tariff" means the prices to be used on, and the conditions for their

the use that will be paid for the carriage of passengers, baggage and goods

along with the rewards and the conditions for the provider and for the other auxiliary

the service; However, it does not include fees and conditions for the carriage of mail.



(2) the tariffs used air enterprise of one Contracting Party for carriage

on the territory or from the territory of the other Contracting Party shall be established at the appropriate

the amount will be duly taken of all relevant factors,

such as operating costs, reasonable profit and the fares of other airlines

enterprises.



(3) the tariffs referred to in paragraph 2 of this article shall, if possible,

agreed upon by the designated air companies of both Contracting Parties after consultation with the

other air transport companies on the whole line or its

part a of the agreement will be reached, if possible, through the

procedure created for this purpose, an International Association of air

carriers.



(4) Following the agreed tariffs will be submitted for approval to the aviation authorities

of the parties at least ninety (90) days before the proposed date

their introduction; in special cases, this time limit may be the

the consent of the aviation authorities is truncated.



(5) a consent to the tariffs may be given expressly. In the case that none of the

aviation authorities to notify its disagreement with any plan to

forty (40) days from the date of submission of the tariffs referred to in paragraph 4 of this

Article, the tariffs will be considered approved. If the time

the limit for the submission of the truncated in accordance with paragraph 4 of this article,

aviation authorities may agree on a shorter period than forty (40) days during the

which the opposition is to be announced.



(6) if they are not able to be the tariffs agreed upon in accordance with paragraph 3 of this

Article, or if within the time limit laid down in paragraph 5 of this article

aeronautical authority of one Contracting Party shall transmit to the aviation authority of the other Contracting

the parties a notice of its disagreement with the tariffs agreed upon under paragraph 3

This article will attempt to determine the tariffs by common agreement between the aviation authorities

of the Contracting Parties.



(7) unless they can agree on the approval of the aviation authorities of any

the tariff submitted to them under paragraph 4 of this article or on its

the determination referred to in paragraph 6, the dispute will be solved in accordance with the provisions of

Article 16 of this agreement.



(8) the tariffs negotiated under the provisions of this article shall be in effect until

the negotiation of new tariffs. The validity of any plan, however, it cannot be

pursuant to this paragraph is extended by more than twelve (12) months after the

the date on which would otherwise force plan ended.



Article 12



(1) each Contracting Party shall, on the basis of reciprocity specified

the aviation company of the other party the right to maintain in the territory of the other

the Contracting Parties in a place referred to in the list of tracks and offices

administrative, business and technical staff selected from State

members of one or both of the parties, necessary for the needs of

designated air company.



(2) the employment of third-country nationals to the territory of the Contracting

the parties will be possible only with the consent of its aviation authority.



(3) the Employees of the other party or to the nationals of third

countries will be subject to the national provisions relating to the entry and

stay on the territory of the Contracting Parties, such as laws, regulations and

administrative measures in force on its territory.



(4) the number of employees referred to in paragraph 3 of this article shall be

submitted for approval by aviation authorities of both Contracting Parties.



(5) each Contracting Party shall provide the said offices and staff-

nationals of the other Contracting Parties or third countries-with the necessary

assistance and also for the employees in the relevant

territory.



Article 13



This agreement and any amendment referred to in article 15 shall be registered with the

The International Civil Aviation Organization.



Article 14



In the spirit of close cooperation, aviation authorities of the two parties

carry out consultations, as appropriate, concerning the interpretation and satisfactory

the implementation of the provisions of this agreement and its annexes.



Article 15



(1) if one of the Contracting Parties considers it desirable to change the

any provision of this agreement, it may request the other Contracting Party of

consultation. These consultations, which will be carried out between air

offices, either by negotiation or in writing, shall be held within sixty

(60) days from the date of submission of the application. Follow these steps to change the agreed entry

into force as soon as it will be confirmed by Exchange of diplomatic notes.



(2) amendments to the annex to this agreement may be carried out from the date of

the agreed aviation authorities and will enter into force after their confirmation

Exchange of diplomatic notes.



(3) enters into force for the contracting parties both general multilateral

Convention for scheduled international air services, the

the agreement modified to match the provisions of such multilateral

of the Convention.



Article 16



Any dispute concerning the interpretation or application of this agreement or its

The annex will be settled by direct negotiation between the aeronautical authorities of the Contracting

party. If between the aeronautical authorities of the agreement is not reached,

the dispute shall be settled through diplomatic channels.



Article 17



Each Contracting Party may at any time notify the other party of its

the decision to terminate this agreement. A copy of the testimony will be at the same time

sent to the International Civil Aviation Organization. If it has been

such notice is given, this Agreement shall expire 12 months after the

date on which the notice was received by the other Contracting Party, unless the notice is not

between the parties by mutual agreement revoked before expiry of the

This period. If it is not confirmed by the receipt of the notice by the other Contracting

party, the notice will be deemed to have been delivered two weeks after the

a copy was received by the International Civil Aviation Organization.



Article 18



Each Contracting Party shall notify the other party in writing of the approval

This agreement in accordance with their national legislation. This agreement shall enter

force on the date of the last of the written notification.



Done in Prague on 2. October 1975 in two copies in the English language.



The evidence that agents of the Contracting Parties have signed this agreement and

obtain it seals.



For the Government of the Czechoslovak Socialist Republic:



Jaroslav Pace v.r.



For the Government of the Italian Republic:



Felice Santini v.r.



XIII.



I. the track designated air company of the Czechoslovak Socialist

States:



Points in Czechoslovakia-Rome in both directions



II. The track designated air company of the Italian Republic:



Points in Italy-Prague in both directions.